Family Law Reform Australia Hub
A guide to recent and upcoming changes. The Family Law Act 1975 has changed quite a bit. Two major waves of reforms delivered updates mainly to property and parenting proceedings.
Why these reforms matter
The amendments were influenced by the “Family Law for the Future: An Inquiry into the Family Law System” report. The report emphasised greater coordination and support for families.
Reform Timeline
The reforms that have been made influence a large proportion of cases that the Federal Circuit and Family Court of Australia (FCFCOA) hears. That’s why it’s important for people to understand how the current frameworks relate to their family law matters.
Milestones & Implementation
6 November 2023
6 May 2024
10 December 2024
10 June 2025
As soon as practicable after 10 June 2028
6 November 2023
The Family Law Amendment Bill 2023 received royal assent.
6 May 2024
Family Law Amendment Act 2023 commences.
Significant changes to parenting matters.
10 December 2024
Family Law Amendment Bill 2024 received royal assent.
10 June 2025
Family Law Amendment Act 2024 commences.
Significant changes to property proceedings.
10 June 2028
Statutory review of the Act begins.
Looking for an overview of the Family Law Act 1975 itself? See our guide to the Family Law Act in Australia. This page focuses on recent and upcoming amendments.
Parenting Law Reforms (May 2024)
Focusing on safety and the developmental needs of children through a refined framework.
Official Reference
Refer to the Attorney General’s Department’s fact sheet for full details. For background on the broader framework, see our overview of child custody laws in Australia.
Children's best interests
New list of factors for deciding what is in a child’s best interests:
Safety from family violence, abuse, and neglect.
The views of the child.
Developmental, emotional, and cultural needs.
Benefits of relationship with both parents.
Repeal of Presumption
The presumption of equal shared parental responsibility has been repealed. The Court now focuses strictly on the child’s best interests.
Mandatory Consideration
Removal of the requirement to consider equal or substantial time arrangements. Decisions are now guided by individual circumstances.
Property Settlement Reforms (June 2025)
Refer to the Attorney General’s Department’s fact sheet for full details. For practical guidance, see our resources on property settlement and how to split assets in divorce.
01
Identify
Assets and liabilities within the relationship.
02
Evaluate
Financial and non-financial contributions.
03
Assess
Current and future circumstances.
04
Finalise
Ensure adjustment is just and equitable.
Impact of Family Violence
The Court considers how family violence affected the ability of the parties to contribute to the property pool and the welfare of the family.
Full & Frank Disclosure
Financial disclosure is now enshrined in the Family Law Act. Legal practitioners have enhanced obligations to explain responsibilities and consequences.
Companion Animals
A dedicated framework for handling family pets as sentient members of the household pool.
Violence History
Consideration of any history of threatened or actual violence towards the animal.
Emotional Attachment
Recognition of attachments formed by both parties and any children involved.
Care Ability
The practical ability of each party to provide appropriate care for the animal.
Ownership Limitations
The Court cannot order shared ownership. Retention, transfer, or sale are the only options.
Procedural & Divorce Changes
Beyond property and parenting issues, there have been changes to procedures and requirements in divorce proceedings. For step-by-step guidance, see how to file a divorce in Australia.
Divorce Applications
Couples married for less than two years no longer require a counseling certificate. Court attendance requirements are now aligned for sole and joint applicants.
Case Management
Strict enforcement of Family Dispute Resolution requirements before applying for parenting orders. The Court has express power to reject non-compliant applications.
ICL Requirements
Independent Children’s Lawyers must meet with children in international cases to allow them to voice opinions, unless the child is under 5 or at risk of harm.
Critical Update
Family Violence Amendments
The role of family violence in court decisions is now clearer. Economic or financial abuse is explicitly defined, and family violence is now a stated factor in spousal maintenance decisions.
Economic Abuse
Now a distinct provision within the strengthened definition of family violence.
Spousal Maintenance
Violence is a formal consideration for determining future financial support.
Do you need support?
National Legal Aid
Connect with state and territory commissions.
Visit Website
Women's Legal Services Australia
National support services access.
Find Support
1800RESPECT / Emergency
Call 1800 737 732 or 000 in immediate danger.
Impact on QLD Couples
Amendments generally apply to cases starting on or after 10 June 2025. Note that existing cases in the Brisbane family law court that reached a final hearing by that date may be exempt.
What's Next?
A statutory review is scheduled for mid-2028 to evaluate the amendment’s effectiveness in court processes. The children’s contact services accreditation framework will also continue its development during this period.
“This article provides general information only. It is not legal advice. Family law outcomes depend on your particular circumstances.”